The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-05
THE CONTEST AT WASHINGTON.

Inc SenatOfldl contest IN THIS state is now
transferred to Washington. 1t is no longer
political question in the Indiana Legislature
but judicial question in the United States
Senate. The decision of the question thus far
has depended on caucus dictation, arbitrary
| and revolutionary proceedings of majority
| and purely partisan ballot. 1t is now trans
ferred to an arena where it will be brought to
| the test of law. In the joint convention it
was Turpie VS.. Harrison; in the Senate it will
be The People VS.. Turpie The question of
the legality of Mr.. Turpie's election will be
presented to the Senate in such form that it
cannot, if it would, escape the constitutional
duty of inquiring into it. The proceeding
will not be primarily in Senator Harrison's
interest, but in the interest of public morals
and pure Senate. Senator Harrison does
not and will not contest Mr.. Turpie's election,
but the Republicans of Indiana, through their
accredited representatives, will
| The Constitution of the United States
makes the Senate the sole judge of the cleo
ton, return and qualification Of it's members
This language is as explicit and the power it
confers as broad as the trainers of the Consti-
| whatever. 1t was intended to give the Senate
plenary power over every question relating to
the election, return or qualification Of its mem
bers, to the end that it might preserve its own
purity by excluding from seat any
person whose title is not absolute
| ly perfect and free from spot
blemish, or suspicion. 1t is anecessary power
in every parliamentary body, the power of
self-purgation and self-protection. No State
can foist on the United States Senate man
with adjective title or otherwise disqualified.
The State may send him there but the SEN
ate will not admit him. All the credentials
in the world, and all the decisions of all the
courts, cannot open the doors to him if the
Senate close them. In judging of the cleo
ton and qualification Of til members it is sole
and supreme.
1t is not to be supposed that the Senate will
exercise this power in an arbitrary or tyranni-
cal way, but there is no limitation Under the
Constitution it is discretionary power with
out limit. 1t is not only as broad as language
can make it, but it reaches as far as words
can go. 1t gives the Senate power to do ev-
end in view-the settlement of every question
relating to the validity of an election. The
Constitution does not say the Senate may in
quire into such and such questions and not
into others; it does not say the Senate may
go so far but no further; it does not
say the Senate may not go behind
cord. Nothing of the kind. 1t may probe in
all directions go behind anything and every
thing, push its investigation any line and
as far as it pleases, governed only by its own
discretion. There is only one stopping place
for the inquiry; that is at the point of com
plete satisfaction that a mans title is perfect
in every respect. The fact that there may be
no precedent for the Senates inquiring into the
qualifications Of member of the Legislature
or into the seating or unseating of
member is not to the point, ani
amounts to nothing The Senate car
make precedent. If it has not gone so fa
heretofore it is because it has not been re
} quired to. 1t has always gone as far as th'
} occasionssrequired. The presidents all poin
one way and 60 to prove that the Senate viii
60 as far as is necessary to a complete ant
thorough investigation. The fact that it ha
exercised only so much power by no mean
proves that it has not more. That it ha
only gone so far in given direction by n
means proves that it would not hav
gone further if it had been necessar
to get the bottom facts. In maxim!
such investigation the Senate cannot be es
topped by the action or record of State Leg
isafure. A Legislature may make or unmak
its own members for the purposes Of legisla
ton, but when it comes to electing Unite
y States Senator the Senate has something
: say.
Q 1t follows that in the present case the Ser
e ate will, in its discretion, investigate one
f all of the questions involved, and push its in
e. quiry as far as complete ascertainment
:. the facts may require.
!, =.
REPUBLICAN LEGISLATIVE SUCCESS.
A significant fact in the political situatio
. | - ~ "a IL